With respect to an initial Hearing before an Administrative Hearing Officer, UDC or UH the following rights will be afforded to a responding student:
Upon request, the Office of Student Conduct and Community Standards will also provide their witnesses' names and documents two business days prior to the hearing of the accused. However, in some cases, because of the sensitivity of the violation, the University may choose not to release the name of a witness prior to the hearing. In such cases, the University will make every effort to provide statements to assist the responding student in his or her defense.
The following rights apply to the victim in the student conduct proceedings. These rights must follow the same format spelled our for the responding student as listed under the "Conduct System" of the handbook.
Right to submit a victim impact statement that details the alleged consequences suffered by the victim.
Right to have a personal advisor accompany him/her during the disciplinary hearing.
Right to request on-campus housing relocation (based on available space), or other steps to prevent unnecessary or unwanted contact or proximity to the accused, when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress.
Right to be informed of the outcome of the hearing upon request.
Pursuant to the 1998 Congressional revisions of the Family Education Rights and Privacy Act (FERPA), Roger Williams University has the option to, and generally will, inform a parent or guardian of any student who is under the age of 21 or is financially dependent (as defined by the IRS), of any alcohol or other drug violations relative to the Student Conduct Code.
The University may choose to inform the parent or guardian of other types of incidents that involve violations or that may be life threatening or harmful to the student's (or other's) health. Roger Williams University will assume all undergraduate students are financially dependent and therefore, where allowed by law and University policy, notify parents or guardians of violations of the Code of Conduct, especially substance abuse violations. A student may declare financial independence by contacting the Office of Student Affairs and providing the appropriate documents.
Parental notification will either take the form of a written letter or phone call, predicated upon the seriousness of the violation and/or the urgency of the situation. The University believes that clear, effective lines of communication between the school, parents and student will assist us all in resolving issues of inappropriate behavior. We encourage parents and students to openly discuss these issues with one another so a better understanding may exist throughout the school year.
All records relating to conduct are considered confidential. Access to such records shall be granted only when permitted by law and/or with permission from the student. The University reserves the right to be the final arbiter in releasing confidential files. Any and all types of judicial meetings are closed to the University community and to the public.
Records of conduct may be destroyed by the Director of Judicial Affairs and Community Standards, or his or her designee, two years after a student graduates or withdraws from the University.
In the case of judicial proceedings, an accused student's outcome and sanction(s) may be verbally or in writing shared with the complainant(s) or victim(s).
Nothing contained above shall prevent the publication from time to time of statistics relating to and summaries of disciplinary proceedings, provided that the name(s) of the party(ies) involved is (are) deleted (except when permitted by law).
Nothing contained above shall prevent the disclosure of Conduct Code violations involving the accused student to the formal Hearing bodies or the general public when permitted by law.
Nothing contained above shall prevent the imposition of a Disciplinary Levy, attached onto the student's bill, from the University, if such sanction has been invoked.
The disciplinary histories of applicants to Study Abroad programs are taken into consideration during the application process. Students who participate in a co-curricular activity may jeopardize their status in that program by receiving a judicial sanction(s). A co-curricular activity includes, but is not limited to: intercollegiate athletics, club sports, intramurals, student organizations and student leadership positions (e.g., resident assistants, orientation advisors, etc.). A student's judicial record and/or conduct may be shared with other University staff members on a need-to-know basis.
A responding student may elect to be accompanied and counseled by an advisor at a University or University Disciplinary Committee hearing. The advisor must be a member of the Roger Williams University community, excluding all those who are attorneys or have received a law degree. At hearings where criminal charges are also pending, an attorney may accompany and counsel the accused student, provided that notice of at least two business days be given to the Director of Student Conduct and Community Standards of an attorney's representation.
In either case, neither an attorney nor a lay advisor shall be allowed to examine witnesses, object to testimony or procedure or to present arguments, and their role shall be limited to quietly and unobtrusively advising only the accused student in whispers or by written note. Any conduct of an attorney or advisor in violation of these conditions in the opinion of the Hearing Officer or UDC chairperson, may result in the immediate removal of that attorney or advisor, and the continuation of the hearing without the presence of that attorney or advisor.
Further, parents or guardians of a student, regardless of their relationship with the University, are not permitted to be present at any Hearing.
In matters where the accused student is entitled to and elects to be accompanied and counseled by an attorney, any other party to the case, including the University shall also be entitled to be counseled by an attorney who shall likewise be restricted to advising in whispers or by written note.
If you are arrested and cannot afford an attorney, you may ask the court to appoint an attorney for you. If you are in a position of being able to pay for a lawyer and would like a referral, you may contact the Rhode Island Bar Association's Lawyer Referral and Information Service, who may be able to direct you to an attorney who concentrates in the problem area.
Go to: www.ribar.com/public/needalawyer.asp , or contact by phone (401) 421-7799.